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Abstract:
This paper, written for the 4th Asian IP Law & Policy Day co-organized by the IP Academy of Singapore (Singapore) and Fordham Law School (USA) in conjunction with the annual Fordham Conference on International IP Law & Policy, traces the development of the free software/open source (FOSS) and creative commons (CC) movements and the rise of user-generated content (UGC). In light of existing international treaty standards for copyright protection, growing global Internet penetration and various case law developments, the article considers whether the combined phenomena of FOSS, CC and UGC provide sufficient basis for a re-tilting of the copyright balance toward the user rather than the original copyright owner. Finally, the article examines whether the philosophy, rhetoric and experiences of the FOSS and CC movements make them appropriate models for copyright protection for UGC.

free software, open source, creative commons, user-generated content, copyright, international copyright

Abstract:
As a new and global communications medium, the Internet has enabled the quick and effective dissemination of digitized content. For popular and technological reasons, the music industry has become the first major content industry to face the legal issues surrounding the rapid and widespread distribution of digital music. This article attempts to summarize the legal and business issues arising from the recent litigation in the United States between the American recording industry and several technology service providers (in particular, the Napster case); and offers a glimpse of the major players, commercial stakes and innovative solutions that have emerged as notable features and consequences of these cases.

Intellectual property law, copyright law, copyright infringement, distribution of digital music through the Internet, cyberspace

Abstract:
Articles 6 and 8 of the 1996 WIPO Copyright Treaty prescribe minimum standards for the distribution (or making available) and public communication of copyrighted works, with resulting national implementations that have been varied and inconsistent. This article examines the state of current copyright law in the United States, the United Kingdom, Australia and Singapore, in light of the 2007 landmark BitTorrent criminal copyright case from Hong Kong, and concludes that the lack of international norms and uniformity remains a cause for concern in the digital age, where online activities blur the line between physical and intangible distribution and communication. This concern is illustrated by the current spate of ongoing litigation in the United States regarding the distinction between reproductions and distributions by users of peer-to-peer filesharing technology.

copyright, WIPO Copyright Treaty, distribution, making available, communication to the public, peer-to-peer, filesharing, BitTorrent

Abstract:
Electronic surveillance by the US Government and the corresponding implications for privacy protection have come under increased public scrutiny after the terrorist attacks of September 11, 2001. The USA PATRIOT Act, passed in response to the attacks and containing sweeping changes in this area, has alarmed many civil rights groups. This article examines the nature of those changes in light of increased concerns over national security, and attempts to articulate the arguments advanced by both the US Government and privacy advocates with respect to the need and appropriateness of the legal response to the growing threat of terrorism.

electronic surveillance, privacy, PATRIOT Act, terrorism

Abstract:
This paper was prepared for the Queen Mary (UK) - Fordham Law School (US) - IP Academy (Singapore) London Trilogue in February 2007. It aims to briefly predict some of the copyright issues that are likely to present significant legal and policy challenges over the next ten years. The discussion is based on certain recent trends and developments, such as a proliferation of bilateral free trade agreements, the rise of user-generated content, and the growth of the free software/open source and access to knowledge movements.

copyright, WIPO, user generated content, free software, open source, access to knowledge

Abstract:
The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain unwanted intrusions in cyberspace, though the principles developed therewith are remarkably expansive. As such, they overlap with the concept of 'unauthorized access' under computer misuse legislation in the US and elsewhere. This overlap has yet to be judicially acknowledged. Since the US, the United Kingdom and other common law countries not only share a common law ancestry but also 'unauthorized access' principles as the primary trigger for computer misuse, this paper seeks to examine the consequences of developing a broad cyber-trespass doctrine beyond the US, and its corresponding implications for judicial interpretations of 'unauthorized access' in the common law world.

Abstract:
Intellectual property rights in Singapore are governed by separate statutes as well as the common law. While there are instances where cumulative protection under more than one intellectual property regime is either expressly acknowledged or restricted, there are other situations which are not so dealt with. This article examines one such situation, viz, how it may be possible to acquire both copyright as well as trade marks protection, and the consequences of such cumulative protection.

Abstract:
This article aims to examine one particular aspect of UK trademarks law that has seen a significant statutory change, viz, the question of infringement, and hopes to place the issues raised by the new law on this aspect into the Singapore context by considering the effects of these changes. It is hoped that this analysis will be helpful in considering the question whether or not Singapore law ought to follow the same course as UK law. ...

Intellectual property law, trade mark infringement, Singapore, United Kingdom

Abstract:
[T]his article seeks to examine the extent to which Singapore copyright and registered design laws offer protection to persons, creators and other rights owners against. . . unlicensed use of their names, images and creations.

Intellectual property law, copyright, registered designs, character merchandising, Singapore